ECONOMIC DEVELOPMENT AND ENVIRONMENT IN THE LIGHT OF INDIAN ENVIRONMENTAL JURISPRUDENCE

Abstract

The conflict between economic growth and environment is sharper today than ever before, particularly in developing countries like India. India, just like other developing countries, has adopted development strategy based primarily on large-scale industrialization, energy-intensive technologies and biochemical-based agricultural technology which has led to environmental degradation. The legislative and executive efforts have been notable towards Environmental Protection laws and principles in the legal jurisprudence of India, most notably the 46th Amendment to the Constitution of India in 1976 which explicitly laid down Environmental Protection as part of the Constitution and enactment of the Environment Protection Act 1986. Though initiatives have been taken by the Legislature and the Executive, the Judiciary has taken a lead in this race through careful judicial thinking of the Courts which has been very helpful in controlling environmental pollution. Due to non-compliance of its own laws by the State machinery, the Judiciary invented a new method of Judiciary-driven implementation of the regulations in India. Recently judicial activism has provided impetus to campaign against various environmental pollution issues arising in the country. The Indian Judiciary has interpreted Art.21 to give it an expanded meaning to bring within its ambit the right of every citizen to a clean, safe and healthy environment. The author in the current paper aims to analyze how far judicial activism has been effective in bringing about improvement in the environment and also aims to show how sustainable development is important to secure long term economic development in the country and make the economy resilient to future contingencies.